Laws of the People's Republic of China

Ministry of Justice

Order of the Ministry of Justice of the People's Republic of China

No. 84

The Decision of the Ministry of Justice on Amending the Administrative Measures for the Representative Offices of the Law Firms of Hong Kong, Macao Based in the Mainland was adopted at the ministerial executive meeting on November 27th, 2003. It is hereby promulgated and shall enter into force as of January 1st, 2004.

Zhang Fusen, Minister of the Ministry of Justice

November 30th, 2003

The Decision of the Ministry of Justice on Amending the Administrative Measures for the Representative Offices of the Law Firms of Hong Kong, Macao Based in the Mainland

With a view to promoting the Hong Kong and Macao to establish closer economic and trade relationship with the Mainland, encouraging and regulating the legal practitioners of Hong Kong and Macao to offer the prescribed legal services, the Administrative Measures for the Representative Offices of the Law Firms of Hong Kong, Macao Based in the Mainland (hereinafter referred to as the Administrative Measures) are amended and supplemented, in accordance with the Mainland and Hong Kong Closer Economic Partnership Arrangement and the Mainland and Macao Closer Economic Partnership Arrangement and their attachments approved by the State Council, as follows:

I.

A paragraph is added after the second paragraph in Article 15 of the Administrative Measures, the content of which is supplemented as: "A representative office and the representatives may, in accordance with the joint operation agreement reached between the law firm of Hong Kong or Macao that it belongs to and a law firm in the mainland, cooperate with the lawyers of the law firm in the mainland and engage in relevant joint businesses." The third paragraph in the original text is changed as the fourth paragraph, the content of which is amended as: "No representative office or representative may engage in any legal service or profit-making activity other than those as provided for in Paragraphs 1 through 3 of this Article."

II.

Article 19 of the Administrative Measures is amended as: "A representative of a representative office shall have resided in the mainland for no less than 2 months each year. Whoever fails to do so shall not be registered next year." A paragraph is added as the second paragraph, the content of which is supplemented as: "Where a representative is established in Guangzhou or Shenzhen, its representatives aren't subject to the limitations on the minimum residence period in the mainland as prescribed in the preceding paragraph."

III.

The present Decision shall enter into force as of January 1st, 2004.